Patna High CourtCR. MISC./41830/2014bail granted

Sintu Bhagat v. The State Of Bihar

2015-03-20Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41830 of 2014 Arising Out of PS.Case No. -657 Year- 2013 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Sintu Bhagat Son of Bijay Bhagat Resident of Mohalla- Chhath Pokhar Sudin Chowk, P.S.- K. Hat (Sahayak), District- Purnea .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, namely, Sintu Bhagat apprehends his arrest in K. Hat (Sahayak) P.S. Case No.657 of 2013 under Sections 341, 323, 307, 504/34 of the Indian Penal Code. According to the allegation this petitioner along with unknown person assaulted with iron rod to the victim Raj Kumar with intention to kill him.

The learned counsel for the petitioner submitted that statement of Raj Kumar has been recorded in paragraph 27 of the case diary and he has not supported the case of assault by iron rod. The learned counsel further submitted that the injury received on the person of Raj Kumar is abrasion and the medical report shows

Patna High Court Cr.Misc. No.41830 of 2014 (2) dt.20-03-2015 that injury no.1 is caused by sharp instrument. The learned counsel further submitted that when there is no allegation of using sharp weapon, the finding of the report appears to be incorrect. The learned A.P.P. objected the prayer for anticipatory bail.

In view of the allegation and the submission and the statement of the victim coupled with the medical report, I direct the petitioner to surrender before the court below within one month from today and on his so surrendering the petitioner shall be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No.657 of 2013. (Mungeshwar Sahoo, J) Harish/- U